GENERAL TERMS AND CONDITIONS OF YARRAH.COM

1. Definitions

In these terms and conditions the following terms are defined as stated below:

1. Yarrah: the private company with limited liability Yarrah Organic Petfood B.V., established and with offices in Harderwijk (P.O.B. 448, 3840 AK in Harderwijk).
2. Elysium: (Elysium Natural Products HX74QQ Halifax, UK) supplies on behalf of Yarrah the sold products.
3. Internet site: Yarrah’s internet location where its organic products can be ordered through electronic communication methods.
4. Customer: The party who has effected an agreement with Yarrah through the internet site for the purchase of one or several products.

2. General

1. These general terms and conditions apply to all of Yarrah’s offers at the internet site and any agreements effected through the internet site between Yarrah and the customer for the supply of pet food and other products.
2. Any terms and conditions of purchase and/or any other general terms and conditions of the customer shall not be applicable and explicitly not be accepted by Yarrah.
3. The provisions in these general terms and conditions can only be explicitly deviated from by Yarrah in writing or with Yarrah’s written consent. Any deviating provisions shall only apply to an agreement for which such deviating provisions were drawn up. These terms and conditions shall otherwise remain in full force.

3. Offers, orders and establishment of the agreement

1. All of Yarrah’s offers are free of engagement. Yarrah may revoke an internet site offer within seven workdays following receipt of the customer’s order, in which case no agreement is constituted.
2. Any agreements shall only be established upon an order from the customer through the internet site and Yarrah’s written acceptance (by e-mail or otherwise).
3. If with respect to the product at the internet site, or following an order through the internet site, it is noted that such product is offered “pursuant to conditions” or it is otherwise stated by Yarrah that further information from the customer is required, the said offer is considered to have been made with the respective reservation, and the agreement shall not be effective until the moment that the customer has accepted such further terms and conditions and/or supplied the required information to Yarrah’s satisfaction.
4. Yarrah’s automation system and accounting system are considered to contain the correct records of orders, supplies and payments, subject to evidence to the contrary by the customer.
5. The information stated by the customer with respect to the order at the internet site may be adopted in a personal record pursuant to the personal data protection Act. The customer must notify Yarrah in the case that the particulars concerning him are found to be incorrect.

4. Prices

1. Yarrah’s quotes as well as the prices agreed with Yarrah are inclusive of VAT and exclusive of administration, transport and shipment charges. Yarrah’s prices are based on the cost-price factors effective at the time the agreement is established.
2. Products shall be supplied at the prices and rates stated on the internet site at the moment the agreement is established. Prices agreed or stated through any method other than the internet site shall not be binding upon Yarrah for the products ordered through the internet site, unless it has been explicitly otherwise agreed between Yarrah and the customer.
3. All of Yarrah’s quotes shall be submitted with the reservation of price change. Yarrah shall at any time be entitled to change its prices.
4. If Yarrah should be compelled to change its prices, the customer – if the customer is a natural person not acting in the pursuit of his profession or business and whose regular place of residence is located in the Netherlands – shall be entitled to either accept the new price or dissolve the agreement.   

5. Supply

1. The ordered products shall be supplied to the customer by delivery to the address stated for this purpose by the customer, or, if the goods should not be accepted at that location or can be left in a post box, by leaving a written note at that address stating how the addressee or the customer can get hold of his goods. From the moment of delivery, the goods will be at the risk of the customer.   
2. Stated times of delivery are only approximate times and cannot be considered deadlines, unless explicitly otherwise agreed.
3. Times of delivery that have been exceeded for any reason whatsoever shall not cause the customer to be entitled to any damages or to dissolve the agreement and/or shall not give the customer the right to fail to meet any obligation attaching to him on account of the respective agreement or any other agreement effective between the parties.
4. Yarrah shall be entitled to suspend compliance with its obligations in respect of the customer as long as the customer has not settled all of his (payment) obligations on any account whatsoever with Yarrah.

6. Payment

1. Payment may be by cheque, credit or debit cards.
                      Credit Cards Accepted: Personal Visa and Mastercard
                      Debit Cards Accepted: Personal Maestro domestic, solo, visa electron, delta 

2. When we have received your order we will confirm the total value (including carriage and VAT) and contact you for payment method and details. 

3. If the payment is by cheque: We will despatch the goods once the cheque has been banked and funds cleared. If you have not made the cheque for the correct amount, we will notify you how much the payment is short by and will hold the order until the remaining payment has been banked and funds cleared. In the event that a cheque is returned to us either because of an error on your part or insufficient funds, there will be an administration charge. 

4. If the payment is by credit or debit card: Orders received by 12 noon can be despatched the same day subject to overnight carriage charges, or if preferred despatched the following day subject to 2-3 day carriage charges. Orders received after 12 noon will be despatched the following day and you may choose either overnight or 2-3 day delivery.   

5. Delivery days can be arranged for your convenience.

7. Returns and refunds         

1. Elysium will refund or replace any goods that arrive at their destination in an unusable or faulty condition. The paperwork must be signed by the customer that the received goods are damaged. The customer must notify Elysium within 24 hours of receipt of the order. This should be done by either phone: 01422 885523.
2. The customer has a right to cancel the order at any time and for any reason before the delivery and within seven working days. The cancellation should be communicated by either telephone 01422 885523 or email elysiumproducts@aol.com. 
3. After seven working days the sale is considered closed and Elysium will not make a refund. In the event the customers cancels the order within the time frame mentioned above, the customer will be responsible for the cost of returning the goods to Elysium in a saleable condition that is (unopened and unused). If the customer does not return the goods to Elysium within 30 working days Elysium may reduce the refund to cover the cost of collecting the goods.               

8. Force Majeure

1. Force majeure means any failure for which Yarrah cannot be held responsible, including any event causing compliance with the agreement to be onerous or costly to such extent compared to its outlook at the time the agreement was effected, that such compliance – to Yarrah’s discretion – can no longer be reasonably required from Yarrah.
2. Force majeure on the part of Yarrah exists, however is not thereto limited, when Yarrah is impeded in the fulfilment of its obligations from or the preparations to this agreement after the agreement has been effected. In the case of war, threat of war, fire, water damage, floods, frost, work strike, sit-in strike, blocked transport roads, defects on means of transports, import and export impediments, defects on machinery, utility supply breakdowns, problems or stagnation of Yarrah’s production or of a business from which Yarrah buys its raw materials and auxiliary tools, and further to this any other causes for which Yarrah bears no responsibility or risk. Yarrah shall notify the customer of the commencement of a force majeure situation in writing (by e-mail or otherwise).
3. In the event of force majeure Yarrah is entitled to dissolve the agreement. Yarrah shall if so desired suspend the execution of the agreement instead of proceeding to a dissolution, up to the moment that the circumstance causing the force majeure situation has ceased to exist.   
4. Yarrah shall not be liable for any damage from the dissolution or suspension caused by virtue of force majeure, including profits lost.   

9. Reservation of ownership

1. Yarrah shall retain the title to all the supplied items until the customer has fully paid all the amounts due for the products supplied or to be supplied pursuant to the respective agreement and/or the work carried out or to be carried out pursuant to the respective agreement for the purpose of the customer and/or on account of any amounts receivable due to the customer’s non-compliance with the implementation or fulfilment of the agreement.
2. If the customer fails to fulfil his payment commitments, Yarrah shall be entitled to claim the supplied products both from the customer and from third parties after the products have been re-supplied, without prejudice to Yarrah’s right to claim compensation of the damage caused to Yarrah.

10. Complaints

1. Complaints include any of the customer’s objections and claims with regard to the quantity, quality, damage and/or packaging of the items bought.
2. It is the customer’s duty to examine the ordered goods upon delivery and make sure that they meet the agreement. If not, the customer must notify Yarrah thereof as soon as possible in writing (by e-mail or otherwise) and not later than eight days after the ordered goods have been delivered or provided.
3. If Yarrah has stated that a reported complaint is legitimate pursuant to the provisions in 9.2, Yarrah shall have the option of either replacing the improperly delivered goods for its account, or credit the customer with an amount equivalent to the price of the material due by the customer. In both cases the customer shall return the material that appeared to be faulty to Yarrah after Yarrah’s prior consent. Yarrah shall not in any way be bound to pay any other damages in addition to those stipulated in this article.
4. The customer shall be entitled to return the ordered goods to Yarrah within seven workdays if he should not wish to have these goods for any reason whatsoever. Return dispatches shall only be accepted if the products are returned properly packed and undamaged. The costs of the return shipments shall be for the account of the customer.

11. Liability

1. Subject to Yarrah’s gross failure, Yarrah shall not in any way be liable for damage directly or indirectly caused to persons, goods or businesses for the customer and/or third parties.
2. In the case of Yarrah’s liability, such liability shall be limited to the amount covered by Yarrah’s insurance in the respective case. If the insurance – for any reason whatsoever – should not make any payments, or if the damage should not be covered by the insurance in the respective case, the liability shall be limited to the amount equivalent to the invoice value of the goods and/or services provided by Yarrah and relating to the liability.
3. Yarrah’s liability for indirect loss, including consequential loss, profits lost, savings frustrated, loss due to business stagnation and/or any loss other than the damage referred to in article 10.2 shall be excluded.

12. Claims payable and dissolution

1. Without prejudice to the provisions stated elsewhere in these general terms and conditions, Yarrah’s claims against the customer shall be payable on demand at the moment the customer has been declared bankrupt, applies for a moratorium, has been put under legal restraint or has otherwise lost the free control of part or all of his capital. Further to this, Yarrah shall in such case be entitled to dissolve the agreement. After dissolution, the customer shall be liable for any damage caused to Yarrah, including damage resulting from loss of profits and costs of transport.  
2. Yarrah shall be entitled to claim anything payable to Yarrah upon the dissolution of an agreement for any reason whatsoever.

13. Applicable law and competent court

1. Dutch law applies to all the offers and agreements between Yarrah and the customer to which these general terms and conditions are partially or wholly applicable.
2. Any disputes arising from this agreement shall be submitted to the competent court in the court district of Zutphen (the Netherlands) without prejudice to the parties’ right to request preliminary provisions in summary proceedings.